Vous êtes sur la page 1sur 2

G.R. No.

124130 June 29, 1998


GOVERNOR PABLO P. GARCIA, THE PROVINCE OF CEBU; TOMAS R.
OSMEA; MAYOR ALVIN B. GARCIA, THE CITY OF CEBU, et.al., petitioners,
vs.
HON. JOSE P. BURGOS in his capacity as presiding judge of the Regional
Trial Court, Branch 17, Cebu City; and MALAYAN INTEGRATED INDUSTRIES
CORPORATION, respondents.
Statement of the Case
The Cebu South Reclamation Project is a FOUR BILLION PESO
(P4,000,000,000.00) project of the, Government of the Republic of the
Philippines funded out of a loan taken out by the government from the
Government of Japan, through its international financing institution, the
Overseas Economic Cooperation Fund
The loan arrangements having been entered into, and the funds
ready for release to the City of Cebu, the implementing agency of the
project, the City of Cebu, the Department of Public Works and Highways
and the Metro Cebu Development Project Office executed, on 11
September 1995, the "implementing Arrangement for Metro Cebu
Development Project Phase III , under which agreement is outlined the
procedure for implementation of the project as well as the rights and
obligations of the parties thereto.
Malayan Integrated Industries Corporation filed a case for "Specific
Performance, Declaration of Nullity, Damages and Injunction, with Writ of
Preliminary Injunction and Temporary Restraining Order" against herein
petitioners, alleging that on October 31, 1977, a Contract of Reclamation
and Development was entered into, signed and executed by and between
the Province of Cebu, represented by then Governor Eduardo R. Gullas,
and private respondent.
Thereafter, a TRO which pertains to the implementation of the Metro
Cebu Development Project, Phase III, a major component of which is the
Cebu South Reclamation Project , was issued by Judge Jose P. Burgos of
the Regional Trial Court of Cebu.
WON the Preliminary Injunction issued by the judge is proper.
Preliminary Injunction void and improper.
Presidential Decree 1818 prohibits courts from issuing an injunction
against any infrastructure project, such as the Cebu South Reclamation
Project, "in order not to disrupt or hamper the pursuit of essential
government project" or frustrate "the economic development effort of the
nation." This Court will not tolerate a violation of this prohibition.

In the case at bar, the assailed March 18, 1996 Order of respondent judge
specifically enjoined petitioners from implementing their Memorandum of
Agreement dated September 11, 1995 (except as to the Cebu South
Coastal Road), which pertains to the implementation of the Metro Cebu
Development Project, Phase III, a major component of which is the Cebu
South Reclamation Project. The petitioners were also enjoined from acting
on or implementing all other contracts involving the said reclamation
project. The issuance of said writ of preliminary injunction evidently
constitutes a blatant violation of PD 1818. The assailed Order is therefore
void for being issued with grave abuse of discretion and without
jurisdiction.
MALACAANG
Manila
PRESIDENTIAL DECREE No. 1818
PROHIBITING COURTS FROM ISSUING RESTRAINING ORDERS OR PRELIMINARY INJUNCTIONS IN CASES
INVOLVING INFRASTRUCTURE AND NATURAL RESOURCE DEVELOPMENT PROJECTS OF, AND PUBLIC UTILITIES
OPERATED BY, THE GOVERNMENT
WHEREAS, Presidential Decree No. 605 prohibits the issuance by the courts of restraining orders or injunctions in cases
involving concessions, licenses, and other permits issued by administrative officials or bodies for the exploitation, development
and utilization of natural resources of the country;
WHEREAS, it is in the public interest to adopt a similar prohibition against the issuance of such restraining orders or injunctions
in other areas of activity equally critical to the economic development effort of the nation, in order not to disrupt or hamper the
pursuit of essential government projects;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order as follows:
Section 1. No court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction, or preliminary
mandatory injunction in any case, dispute, or controversy involving an infrastructure project, or a mining, fishery, forest or other
natural resource development project of the government, or any public utility operated by the government, including among
others public utilities for the transport of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person or
persons, entity or governmental official from proceeding with, or continuing the execution or implementation of any such project,
or the operation of such public utility, or pursuing any lawful activity necessary for such execution, implementation or operation.
Section 2. This decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.